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(c) Attar paying the items specified in subparagi aph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if
<br />the safe is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />(2) Attorneys fees; -
<br />(3) All sums then secured hereby and any liens having priority over this one;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder, if any, to the person or persons legally entitled thereto. 87- 101810
<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed
<br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of
<br />judgment, power of attorney to confess judgment. power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the
<br />costs of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section does not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, if the Beneficiary is not a bank.
<br />(f2) Additional Security Instruments. Trustor, at its expense, will execute and defiver to the Beneficiary, promptly upon demand, such security
<br />Instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust, which security instruments shall be additional security for Trustor's faithful Performance of all of the terms, convenartts and con.
<br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed In connection with this transac-
<br />tion. Such instruments shall be recorded or filed at Trustor's expense.
<br />(13) Appointment of Successor Trustee. Beneficiary, may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the
<br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun-
<br />der.
<br />(14) Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of
<br />the Property for the Purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms
<br />of the Deed of Trust.
<br />(15) Option to Foreclosure. Upon the occurrence of any default hereunder. Beneficiary shall have the Option to foreclose this Dead Of Trust in
<br />the manner provided by law for the foreclosure of mortgages on real property.
<br />(16) Forebearance by Baneflclary or Trustee Not a Walver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the
<br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occuring.
<br />(17) Trustor Not Released. Extension of the time for payment or modification, or amortization of the sums secured by this Deed Of Trust gran -
<br />led by Beneficiary to any successor in interest of Trustor shall not operate to release. in any manner, the liability of the orfginat Trustor and
<br />Trustors successor in interest. Beneficiary shall not be required to commence proceedings against Such Successor or refuse to extend tittle for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the olnMrej Trusttor;r -4
<br />Trustor s successor in interest.
<br />(18) Ber»Hciary'a Powers, Without affecting the liability of the Trustor or any other person liable for the payment Of any obligaton narein ;!�
<br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, t7 release any person so liable. fill extend the
<br />maturity or alter any of the terms of any such obligations. (iii) grant other indulgences, {iv) release or reconvey, or cause to be reteasea or racors-
<br />veyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional se tirity for any
<br />obligation herein mentioned, or(vl) make compositions or other arrangements with debtors Inhalation tfrereto_
<br />(19) Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been
<br />this Deed of Trust and the Note to Trustee for canceifation and retention and mod' and upon surrender rl
<br />to Trustor, or the arson or upon payment by Trustor of Trustee's fees, Trustee shalt rasomrey
<br />P persons legally entitled thereto, without warranty, any portion of the property titers field heireuruter The retstats in
<br />such reconveyance of any matters or facts shall be conclusive Proof of the truthfulness Coate P The grantee in any recorrvey may be
<br />described as "the person or persons legally entitled thereto
<br />(20) Notkxa. Except for any notices, demands, requests. or other communications required under applicable law to be given in another man-
<br />ner. whenever Beneficiary, Trustor, or Trustee gives or serves any notice (including without limitations notice of default and notice of)
<br />demands, requests or other communication with respect to this Deed of Trust, each such notice. demand request or other communication Shan
<br />requested, addressed to o
<br />be in writing and shat! elective only if the same is delivered by personal service Or rnat�f by certified mail postage prepaid, return receipt
<br />the address as sat forth at the beginning OT this lead of Trust_ Trustor hereby requests that a copy of any notice of
<br />default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the
<br />Deed of Trust. Any party may at any time change its a�dress for such notices delivering _ dinningsa this
<br />notice of such change. Any notice hereunder shall be deemed to have been given to Trstoror Beneficiary, ery� g� (ten the mar ed
<br />tie-rein.
<br />(21) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska
<br />(22) Successors and Assigns. This Deed of Trust and all terms, conditions aria obligations frerain apply to and inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors am! assigns Tire tenet "Beneitciary° shalt mean the
<br />owner and holder cf the Note, whether or not named as Be_neficlary her>ms,.
<br />(23) Joint and Several Liability. All covenants and agreements a* Trustor shall be joint and several.
<br />(24) Severability. In the event any one or more of the provisions contained in this Deed of Trust. Or the Note or any othw security instrument
<br />given in connection with this transaction shall for any reason be held to be invalid, iflegai Or unenforceable in any respect. such invalidity,
<br />illegality, or unenforceabiiity shall, at the option of Beneficiary. not affect any other Provision of this Dead of
<br />Trust, but this Deed of Fruit SfFaif
<br />be construed as if such invalid. illegal, or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is
<br />invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to arty part of the
<br />Bally secured portion of the debt shall be completely paid nor to the remaining ProPertY' the red portio or par -
<br />debt, and all payments made on the debt, whether voluntary or under forecclosure or other enfocementttaacy� or Procedure, secured portion of the
<br />to have been first paid on and applied to the full payment of that procedure, shaft be lien of this
<br />Deed of Trust. P Y Portion of the debt which is not secured or not fully secured by isle been of this
<br />(25) Number and Gander; Caption. Whenever used herein, the singular number shall include the plural. the plural, the singular, and the use of
<br />any gender shall be applicable to all genders. The captions and headings of the paragraphs of this Head of Trust are for convenience Only and
<br />are not to be used to interpret or detine the nrnv;e:nn� _
<br />(26) Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust. duly executed and acknowledged, is made a public record as
<br />provided by law.
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